Angela Richards, a Personal Injury Solicitor at Seth Lovis & Co, recently acted for Mr H who was injured in an accident at school.
Mr H was a 15 year old school boy, when he was injured in an accident at school. He was not participating in his PE lesson, as he was recovering from a bruising injury to his back the week before. He was watching a rugby training session whilst wearing his school uniform. Some of his fellow pupils, under the supervision and direction of a sports teacher employed by the Defendant school, rugby tackled Mr H, following which one pupil landed on his left leg while he lay on the ground.
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Mr H decided to bring a personal injury claim against his school and instructed our firm. We brought the claim against the Defendants under the Occupier’s Liability Act on the basis that the Defendant was vicariously liable for the actions of its teacher. The school’s insurers admitted liability for the accident at an early stage.
As a result of the accident, Mr H sustained a weber c fracture dislocation of his left ankle. He suffered acute and disabling symptoms in the aftermath of the accident. He went on to make an incomplete recovery from his injuries. The fracture was complicated and has left him with residual symptoms that will progressively deteriorate over time.
A Consultant Orthopaedic Surgeon provided evidence that Mr H will continue to experience pain and weakness at the injury site. Mr H is a mechanical engineer and has difficulty with prolonged standing, heavy loading, twisting, kneeling and squatting. He needs to ask his colleagues for assistance with certain tasks. The medical evidence suggested that Mr H would be likely to require further surgical intervention in the next 15 years.
The claim for loss of earnings was presented on the basis that Mr H would probably have to take active steps to look for lighter mechanical engineering work at around the age of 30, that would enable him to avoid heavy lifting, prolonged periods of having to stand, squat or kneel. Mr H is a motivated individual, who wants to achieve his maximum earning capabilities in his career and would possibly look to work in Australia, where he could command higher salaries for the work he does. However, his ability to do this in the future, is likely to be compromised due to his injury.
The medical evidence was also such that it was considered that Mr H would experience post traumatic osteoarthritis as a result of the injury.
Angela Richards also instructed a Consultant Psychiatrist to prepare a report in relation to the psychological effects of the accident. The Consultant Psychiatrist considered that Mr H had developed an adjustment disorder as a result of the accident, which resulted in him presenting with low mood, and anger and frustration. He also presented with post traumatic anxiety in relation to injuries involving legs and he became more cautious of any situations that would potentially lead him to similar injury.
£130,000 compensation award
Following negotiations which started with the parties being some considerable distance apart, a settlement of £130,000 was secured for Mr H, which included compensation for his physical and psychological injuries and compensation for the potential loss of earnings Mr H would incur in the future.
Following settlement Angela Richards commented “This was a very unpleasant accident for a 15 year old boy to experience and he went through a great deal of pain and suffering as a consequence of the accident. The injury continues to trouble him on a daily basis and will continue to do so for the remainder of his life. His earning capacity is likely to be restricted due to the injury he sustained in the accident. I am pleased that we have managed to secure a settlement for Mr H to compensate him for the financial losses he is likely to incur in the future”.
Contact us for advice
If you or a family member have been injured in an accident at school and would like to pursue a claim for compensation, contact our personal injury solicitors for a free assessment of your claim. Call us on 020 7420 7020 or complete an online enquiry form and one of our solicitors will contact you by phone to discuss your claim.
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Author - Angela Richards